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    • Morning dx and thank you for your message.   With regards to your comment about them not needing to produce the deed, the additional directions ordered by the judge included 'a copy of any assignment o the debt or agreement relied upon'  so that is why I thought that point was relevant?
    • Sorry for the long post but I don't want to miss out any relevant information: My wife bought a car from Trade Centre UK and have been having nothing but trouble with it. Unfortunately we paid of the finance used to buy the car as we weren't expecting this much trouble with the car as we we though we would have protection as buying from a dealer. We are wondering if we can still reject the vehicle since the finance plan has been paid off. Timeline is as follows: 13/12/2023 -15/12/2023 Bought car from Trade Centre UK for £10548 £2000 deposit paid on credit card on 13/12/2023 £8548 on finance from Moneybarn (arranged through Trade Centre UK). picked up car on 15/12/2023 Also bought lifetime warranty for £50/month 25/12/2023 Engine Management Light comes on. The AA called out and diagnosed the following error codes: P0133 - Lambda sensor (bank 1, sensor 1) Oxygen Sensor. Error Message : Slow reaction. Error sporadic P0135 - Lambda sensor heat. circ.(bank1,sensor1) Oxygen Sensor. Error Message : Component defective Due to it being Christmas took a few days to get through to them but they booked me in for 28/12/2023 to run their own diagnostics. 28/12/2023 Took car in to Trade Centre so could check the car – They agreed it was the Oxygen Sensor and Booked me in for repair on 30/01/2024. I was told they had no earlier slots, and I would be fine to carry on driving car when I said I was afraid of problem worse. During diagnosing the problem, they reset the Engine Management Light. During drive home light comes back on. 29/12/2023 - 29/01/2024 I carry on driving the car but closer to the date, engine goes to reduced power every now and again – not being a mechanic I presumed that this was due to above fault. 20/01/2024 Not expecting any more problems paid off the finance on the car using personal loan from bank with lower interest rate. 30/01/2024 Trade Centre replace to O2 sensor (They also take it on a roughly 60mile road trip which seems a bit excessive to me – I can’t prove this as something prompted me take a picture of milage when I handed car in but I forgot take one on collection – only remembered next day.) 06/02/2024 Engine goes in reduced power mode again and engine management light comes on – Thinking the Trade centre’s 28 day warranty period was over I booked the car the into local garage for the next day to get problem fixed under the lifetime warranty package. Fault seems to clear after engine was switched off. 07/02/2024 In the Morning, I take it to local garage who say as the light gone off – the warranty company is unlikely to cover the cost of the repair or diagnostics and recommend I contact them when the light comes back on. In the evening the light comes back on and luckily I manage to get it back to the garage just before it shuts for the day. 08/02/2024 The Garage sends me a diagnostics video showing a lot error codes been picked up by their diagnostics machine including codes for Oxygen sensor and Nox Sensors, Accelerator pedal and several more. Video also shows EGR Hose not connected to the intake manifold properly, they believed this was confusing the onboard system as it is unlikely this many sensors would trigger at same the time but they couldn’t be certain until they repaired the hose. 13/02/2024 Finally get the car back as it took a while to get approval and payment for the repairs from the Warranty company. Garage told me to keep an eye the car as errors had cleared with the hose but couldn’t 100% certain that’s what caused the problem. 06/03/2024 Engine management light comes on again. Fed up I go into Trade Centre as I was just around the corner when it happened and asked them how to reject the car or have the problem fixed. They insist that as it’s over 28 days I need to get the car fixed under the warranty package I purchased and they could no longer fix the car as it was over 28 days. When I tried telling them it appeared to be the same or related problem they said they couldn’t help as I hadn’t contacted them earlier. I asked them if they were willing to connect the car to the diagnostics machine and tell me what the problem was, as a goodwill gesture, which he agreed to do and took the car to the back He came back around 30 minutes later and said they took a look at the sensor they replaced previously and there was nothing wrong with it and engine management light went off when they removed the sensor to check it. When I asked what the error code he couldn’t give me an exact fault but the said it one of the problems I told him earlier (Accelerator pedal). I have this visit audio recorded on my phone – I informed the reps I was recording several times. As the light wasn’t on, local garage couldn’t book me for a repair under warranty. 07/03/2024 Light came on so managed to book back into local garage for the 12/03/2024 Whilst waiting to take car into garage, I borrowed a OBD sensor and scanned for errors on the car. This showed the following errors: P11BE – Manufacturer specific code (Google showed this to be NOX sensor) P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow 12/03/2024 Took car to local garage and the confirmed the above errors. This leads me to believe that either Trade Centre UK reps lied and just reset the light or just didn’t check properly (Obviously I am unable to prove this) 22/03/2024 Finally got the car back as according to garage, the warranty company took a long to time to pay for the repairs 28/04/2024 Engine management Light has come back on. Using the borrowed OBD scanner I am getting the following codes: P0133 - Oxygen (Lambda) Sensor B1 S1: Response too Slow P2138 - Accelerator Position Sensors (G79) / (G185): Implausible Correlation I have not yet booked into a garage as I wanted to see what my rights are in terms of rejecting the car as to me the faults seem related. I can’t keep using taxi or train to get to work every time the car goes into the garage as it is getting very expensive. Am I right in thinking that they have used up their chance to repair when they conducted the repair end of January or when they refused to repair it in February ? If I am still able to reject the vehicle could you point to any sample letters or emails I can use. Thankyou for your advice on my next steps.
    • Ok noted about the screenshot uploads. In terms of screwing up I had one previous ticket that defaulted and ended up in a CCJ from Southend airport because for some reason during COVID I didn't receive their claim form just a notice of default. This hospital ticket was the 2nd ticket that went to CCJ due to a lack of knowledge of the process. Maybe it's easier just to pay them in future I'm thinking though, I don't get them very often anyway
    • Car maker takes a hit from weakening demand and price war in the world's largest electric vehicle market.View the full article
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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MERCERS and 2 faulty BC DNs **WON**


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That's not abusive at all ... if they want abusive all they have to do is ask :( I've been known to invent new expletives and combinations thereof when annoyed ;)

 

D

 

Very nice letter:)

 

....

 

For our purposes, you need to remain polite to then, 'cause you want them to look like the bad guys.

 

I would recommend a complaint to Trading Standards (yoiu have to do it through Consumer Direct - Contact us) , and BT / your telephone provider, today.

 

Next stage is the F.O.S.

 

Then The police.

 

Then court.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Very nice letter:)

 

Took me bloody ages but thanks.

 

....

For our purposes, you need to remain polite to then, 'cause you want them to look like the bad guys.

 

I always am ... my wife has no such restrictions and anything that they hear in the background ... well, that's just background ;)

 

 

I would recommend a complaint to Trading Standards (yoiu have to do it through Consumer Direct - Contact us) , and BT / your telephone provider, today.

 

On the case now.

 

 

D

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That's not abusive at all ... if they want abusive all they have to do is ask :( I've been known to invent new expletives and combinations thereof when annoyed ;)

 

D

 

I know, that's why it was in quote marks, I have heard it often myself, usually when you have made a point that makes them look very silly, just another call centre ploy to wind you up and scare you (not!!) ...... you carry on !! ;)

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Letter of complaint cc'd to Mercers and sent - check

 

Letter emailed to customer complaints at Barclaycard with receipt acknowledgments - check

 

Trading Standards contacted - check

 

BT contacted, complaint made and registered (Mercers number blocked tomorrow) - check

 

Bring it on you chimps :) I'm a CAG member now :)

 

No further phone calls today but their pattern for me seems to be morning and evening so no great surprise there.

 

D

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Past 7pm and all is still quiet on all fronts ... nothing since 10am.

 

I wonder what's keeping them so quiet?

 

Is it the letter from my wife, the CCA request or the formal complaint to their bosses?

 

D

 

Oh, drat!

 

I hope they don't give up, yet!

 

We haven't got anywhere NEAR the fun bit yet:) :confused::(:mad:

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Nah they are sitting in their trees peeling bananas scratching their bums thinking of the next series of calls

 

I've already done a first draft of the application for an injunction... i was going to enjoy posting that:(

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Out of interest, who would make that decision and what would it mean for me in broad terms?

 

D

 

It's a minor business decision, so probably some spotted nosed oik minor manager in a bad fitting suit:)

 

They'd either stop calling you, and just write empty threat-o-grams, OR send the acount back to the O.C., or send it onto another DCA.

 

The chances of them suing you... given what they've been up to, is slim indeed, 'cause they'd lose, and lose big style.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Can they do that with the account in dispute?

 

Quite often, yes, if they can't collect. Average collection cycles about 3 months anyway... It's usually quite effective to send an in dispute letter & inform them that they are in breach of OFT Debt collection Guidelines etc staight way, i do the lot within 24 hours - CCA, In dispute letter, Telephone Harrassment Letter, Formal Complaint under the CCA 2006, and S.A.R. and Letter Before Action the old debt collector:)

 

 

 

Also, quite often the "new" DCA is in the same group as the "old" DCA... it's just a new strategy, e.g. they've played hardcore, it didn't work, now they'll pretend to be nice guys etc... Just good friends:)

 

always worth searching to check if the new DCA's an old friend:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Also, quite often the "new" DCA is in the same group as the "old" DCA... it's just a new strategy, e.g. they've played hardcore, it didn't work, now they'll pretend to be nice guys etc... Just good friends:)

 

 

In which case the second word will still be 'off' when they decide to contact me.

 

D

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In which case the second word will still be 'off' when they decide to contact me.

 

D

 

Hey, we can always hope they haven't changed their mind yet... All we need is another week or so:)

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Well they stopped phoning at 10am this morning on all lines. I'd quite like to know what did this although I suspect their failure on my sipgate line and the threat of legal action by my wife may have been contributory. The latter would have arrived this morning.

 

Maybe my formal complaint to Barclaycard by email reinforced this. It was very strongly worded.

 

Frustration doesn't generate nearly enough of a bad time for all of the stress and grief that they cause :mad:

 

I truly loathe these red arsed baboons (a different monkey based insult invoking a less than endearing image :wink:) and I really don't know what I'd do if I met a DCA 'call centre drone' in person. Well, I do but I can't say that here just in case :lol:

 

OMMMMMM ... feel the CAG good Karma :cool:

 

D

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UPDATE

 

Well, Consumer Direct have got back to me and my local TS will be in touch soon apparently.

 

Also, it's still ominously quiet which I guess is a good thing. It seems very odd that my phone isn't constantly ringing at all times. Not a single harassing call in nearly 24 hours now. That's the largest period of peace from these **** that I've had in over 3 months.

 

I'm still not entirely sure what stopped them as several harsh blows were delivered simultaneously.

 

I'll keep you all updated ;)

 

D

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They have automatic diallers. When a phone gets answered a monkey picks it up - which is why there is sometimes a pause before anyone says anything & sometimes there are totally blank calls - because there isn't a monkey that gives a damn to pick it up. (Saw something somewhere (not very informative but I am getting old) that a silent call must be followed by a proper call - 2 silent calls in a row is naughty)

 

So when they don't get through or don't like what they hear, you go back on the list again.

 

I think that there are a few things that determine how often you get called:

How many monkeys turned up to work today

How many people they have to call - they probably get added by the bucketload so that might slow them down when the next bucket gets added

How much they want to harrass you compared with the remainder

Whether you answered last time or not

Whether there is a Y in the day of the week

How much you wound them up last time ...

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2 calls so far and another '48 hours before we send the local hard boys around' letter sent 2nd class. Yeah Yeah ;) You do that Mercers ... you do that :cool:

 

I wonder which bit of 'eff off' they missed?

 

D

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This is absolutely bizarre and I'm now convinced there's a behaviour change going on. Still only 2 calls on my Sipgate line today ... one open and with a masked caller ID.

 

It's stopped again now ... almost like it's half hearted. They've patently had an instruction to do something. Another raft of material will have arrived with them today including a copy of a formal complaint against them and a warning of impending legal action.

 

I wonder if Barclaycard have got involved as I threatened them with all kinds of action as the client and originator.

 

D

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